Terms of service

1.Scope of Application
2.Conclusion of Contract
3.Right of Withdrawal
4.Prices and Payment Conditions
5.Delivery and Shipping Conditions
6.Retention of Title
7.Liability for Defects (Warranty)
8.Liability
9.Redemption of Promotional Vouchers
10.Redemption of Gift Vouchers
11.Applicable Law
12.Place of Jurisdiction
13.Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of PÉROLAS UG (limited liability) (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or an entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless expressly otherwise provided.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to make a binding offer.

2.2 The Customer may submit the offer via the Seller’s online order form integrated in the online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax, or letter) after the order is sent. Beyond that, the Seller does not provide access to the contract text. If the Customer has created a user account in the Seller’s online shop before submitting his order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting the order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detection of input errors may be the browser’s magnification function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button completing the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties engaged by the Seller to process orders can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further details on the right of withdrawal are set out in the Seller’s instructions on withdrawal.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs will be separately indicated in the respective product description.

4.2 The available payment options are communicated to the Customer in the Seller’s online shop.

4.3 If the Customer selects a payment method offered via the “Shopify Payments” service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for payment processing, which may be subject to special payment terms that will be separately communicated to the Customer where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.4 If the Customer selects a payment method offered via “Klarna,” payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be viewed here: [link placeholder].

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address provided in the Seller’s order processing shall be decisive. In deviation from this, in the case of payment via PayPal, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of sending the goods if the Customer effectively exercises his right of withdrawal. For the costs of returning the goods, the provisions in the Seller’s instructions on withdrawal shall apply.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk passes in principle only when the goods are handed over to the Customer or a person authorized to receive them. Notwithstanding this, the risk passes to the Customer even in the case of consumers once the Seller has delivered the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment, if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment, and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and any consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

by e-mail

6) Retention of Title

If the Seller makes an advance payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects shall apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

7.1 If the Customer is acting as an entrepreneur:

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defect claims is one year from delivery of the goods;
for used goods, defect claims are excluded;
the limitation period does not begin anew if a replacement delivery is made under the liability for defects.

7.2 The above-mentioned limitations of liability and reduction of time limits do not apply:

to claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
to goods which, in accordance with their normal use, have been used for a building and caused its defectiveness,
to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB shall apply. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is acting as a consumer, he is requested to complain to the deliverer about goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason:

in cases of intent or gross negligence,
in cases of willful or negligent injury to life, body, or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, the liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the above section. Essential contractual obligations are obligations that the contract imposes on the Seller in accordance with its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for his agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a Promotional Voucher will not be paid out in cash or bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of his statutory right of withdrawal.

9.9 The Promotional Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of representative authority of the respective holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased in the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

10.2 Gift Vouchers and any remaining balance of Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Several Gift Vouchers can also be redeemed with one order.

10.5 Gift Vouchers can only be used to purchase goods and not to purchase further Gift Vouchers.

10.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.7 The balance of a Gift Voucher will not be paid out in cash or bear interest.

10.8 The Gift Voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity, or lack of representative authority of the respective holder.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the place of business of the Seller shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has his registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims under the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer’s place of business.